Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88255 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 20, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Reporting and 

recordkeeping requirements. 

Dated: December 14, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

revising the introductory text of 

paragraph (c)(557) and adding 

paragraph (c)(557)(i)(B)(2) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(557) The following rules were 

submitted on September 21, 2020, by 

the Governor’s designee as an 

attachment to a letter dated September 

18, 2020. 

(i) * * * 

(B) * * * 

(2) Rule 69.2.1, ‘‘Small Boilers, 

Process Heaters, Steam Generators, and 

Large Water Heaters,’’ revised on July 8, 

2020. 

* * * * * 

[FR Doc. 2023–27876 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0925; FRL–10943– 

02–R9] 

Air Quality Implementation Plan; 

California; Great Basin Unified Air 

Pollution Control District; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a revision to 

the Great Basin Unified Air Pollution 

Control District’s (GBUAPCD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision governs the District’s issuance 

of permits for stationary sources, and 

focuses on the preconstruction review 

and permitting of major sources and 

major modifications under part D of title 

I of the Clean Air Act (CAA or ‘‘the 

Act’’). 

DATES: This rule is effective January 22, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2022–0925. All 


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88256 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 

1 88 FR 58538. 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section. If you 

need assistance in a language other than 

English or if you are a person with a 

disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nidia Trejo, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 972–3968, or by 

email at trejo.nidia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 28, 2023,1 the EPA 

proposed to approve the rule listed in 

Table 1 into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

GBUAPCD ........ Rule 222 ........ NSR Requirements for New and Modified Major Sources in Nonattainment Areas.01/06/22 07/05/22 

For areas designated nonattainment 

for one or more National Ambient Air 

Quality Standards (NAAQS), the 

applicable SIP must include 

preconstruction review and permitting 

requirements for new or modified major 

stationary sources of such 

nonattainment pollutant(s) under part D 

of title I of the Act, commonly referred 

to as Nonattainment New Source 

Review (NNSR). The rule listed in Table 

1 contains the GBUAPCD’s NNSR 

permit program applicable to new and 

modified major sources located in the 

District. Our proposed action contains 

more information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment, 

which was supportive of our proposal. 

III. EPA Action 

We received one comment that was 

supportive of our proposed action and 

did not change our findings regarding 

Rule 222. We continue to find that Rule 

222 satisfies the relevant requirements 

for a CAA NNSR program for PM10, as 

well as the associated visibility 

requirements for sources subject to 

review under such a program in 

accordance with 40 CFR 51.307. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is 

approving the submitted rule. This 

action incorporates the submitted rule 

into the California SIP. In conjunction 

with the EPA’s SIP approval of the 

District’s visibility program for sources 

subject to the NNSR program, this 

action also revises the scope of the 

visibility Federal Implementation Plan 

(FIP) at 40 CFR 52.281 for California so 

that this FIP no longer applies to 

sources located in the GBUAPCD 

nonattainment areas that are subject to 

the District’s visibility program. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is incorporating by 

reference Great Basin Unified Air 

Pollution Control District’s Rule 222 as 

described in Section I of this preamble. 

Rule 222 governs the District’s issuance 

of permits for stationary sources, and 

focuses on the preconstruction review 

and permitting of major sources and 

major modifications under part D of title 

I of the Clean Air Act (CAA or ‘‘the 

Act’’). The EPA has made, and will 

continue to make, these materials 

available through https://

www.regulations.gov and in hard copy 

at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 


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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88257 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The District did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goals of 

E.O. 12898 of achieving environmental 

justice for people of color, low-income 

populations, and indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 20, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate Matter, Reporting and 

recordkeeping requirements. 

Dated: December 14, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(607) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(607) The following regulations were 

submitted on July 5, 2022, by the 

Governor’s designee. 

(ii) Incorporation by reference. (A) 

Great Basin Unified Air Pollution 

Control District. 

(ii) Rule 222, ‘‘New Source Review 

Requirements for New and Modified 

Major Sources in Nonattainment Areas,’’ 

adopted on January 6, 2022. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

■ 3. Section 52.281 is amended by 

adding paragraph (d)(13) to read as 

follows: 

§ 52.281 Visibility protection. 

* * * * * 

(d) * * * 

(13) Great Basin Unified Air Pollution 

Control District. 

* * * * * 

[FR Doc. 2023–27889 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 03–123, 10–51, 13–24 and 

WC Docket No. 12–375; FCC 22–51; FCC 

22–76; FR ID 191657] 

VRS and IP CTS—Commencement of 

Pending User Registration; Rates for 

Interstate Inmate Calling Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective and compliance dates. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

certain rules adopted in the 

Commission’s documents 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities et al., Report and Order, 

FCC 22–51, and Rates for Interstate 

Inmate Calling Services, Fourth Report 

and Order, FCC 22–76. This document 

is consistent with the Report and 

Orders, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of those rules. 

DATES: 

Effective date: The amendments to 

§§ 64.611(k)(1)(i) through (iii) 

(amendatory instruction 6), 64.6040(c) 

(amendatory instruction 11), and 

64.6060(a)(5) through (7) (amendatory 

instruction 12), published at 87 FR 

75496, December 9, 2022, are effective 

December 21, 2023. 

Compliance dates: Compliance with 

§ 64.6040(b)(2), published at 87 FR 

75496, December 9, 2022, is required by 

January 1, 2024. Compliance with 

§§ 64.611(a)(4)(iii) and (iv) and 

64.615(a)(6)(v) and (vi), published at 87 

FR 57645, September 21, 2022, for 

providers of video relay service (VRS), 

is required on December 21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Michael Scott, Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau, at (202) 418–1264, or email: 

Michael.Scott@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on December 

5, 2023, and December 13, 2023, OMB 

approved, for a period of three years, the 

information collection requirements 

contained in the Commission’s Report 

and Order, FCC 22–51, published at 87 

FR 57645, September 21, 2022, and 


khammond on DSKJM1Z7X2PROD with RULES